Planning to sign contracts shortly on a leasehold property in Torquay. Conveyancing lawyers have said that they report fully tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Torquay should include some of the following:

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

The total extent of the demise. This will be the apartment itself but could also include a roof space or cellar if applicable.

Are you allowed to have a pet in the flat?

Repair and maintenance of the flat

Changes to the flat (alterations and additions)

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Torquay please ask your lawyer in advance of your conveyancing in Torquay

Back In 2005, I bought a leasehold house in Torquay. Conveyancing and Skipton Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Torquay who acted for me is not around.Do I pay?

The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Torquay conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any advice for leasehold conveyancing in Torquay from the point of view of expediting the sale process?

• Much of the delay in leasehold conveyancing in Torquay can be reduced if you instruct lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the buyers representatives.
• The majority landlords or managing agents in Torquay levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Torquay.

If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you installed wooden flooring? Torquay leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. Where you fail to have the consents in place you should not communicate with the landlord without checking with your solicitor first.

If you hold a share in a the Management Company, you should make sure that you are holding the original share certificate. Obtaining a replacement share certificate can be a lengthy formality and delays many a Torquay conveyancing transaction. If a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.

You believe that you know the number of years left on your lease but it would be wise to double-check via your solicitors. A buyer’s lawyer will not be happy to advise their client to where the lease term is less than 80 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £400000 garden flat in Torquay on Thursday in a week. The management company has quoted £336 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Torquay?

For most leasehold sales in Torquay conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-contract questions
• Where consent is required before sale in Torquay
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Torquay leasehold premises is £350. For Torquay conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply the information.

Are there common defects that you encounter in leases for Torquay properties?

There is nothing unique about leasehold conveyancing in Torquay. All leases are individual and drafting errors can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the building
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Coventry Building Society, and Platform Home Loans Ltd all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to pull out.

I own a leasehold flat in Torquay, conveyancing formalities finalised 7 years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar flats in Torquay with an extended lease are worth £193,000. The ground rent is £50 yearly. The lease comes to an end on 21st October 2080

With just 56 years remaining on your lease the likely cost is going to be between £29,500 and £34,000 as well as legals.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to supply the actual costs without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.

Other Topics

Lease Extensions in Torquay